Legal intent

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    • How do the cts. decide whether it is an honourable pledge clause?
      • ESSO V COMMISIONERS OF CUSTOMS & EXCISE - intention to create legal relations existed when giving free coins in return for the purchase of 4 gallons of petrol so the consumers could uphold their right to receive one
      • MCGOWAN V RADIO BUXTON - there was legal intent - not even a hint that it was a toy car not a real car
      • JONES V VERNONS POOLS, APPLESON V LITTLEWOODS - courts will uphold the arguments made by the pools company that the agreement was in honour only and therefore without legal intent
    • Social and domestic arrangements
      • friends
        • BUCKPITT V OATES - friendly agreements create no contractual relationship and therefore are not legally binding
      • Parent and child
        • WEBB V WEBB - presumption in Jones rebutted. Father not entitled to gain back house he gave to son.
        • JONES V PADAVATTON - arrangements between parent and child are not legally binding
        • JULIAN V FURBY - the court is willing to find parts of an agreement are intended to be legally binding whilst other parts are not
      • other family members
        • PARKER V CLARK - giving up security is enough to rebut the normal presumption of domestic agreements and they were legally bound
        • SIMPKIN V PAYS - having a lodger as part of the agreement rebutted the normal presumption of a domestic agreement and they were legally boound
      • Husband and wife
        • MERRITT V MERITT- enforceable to create legal intent if the couple are separated as it is likely that they intended to create legal relations
        • BALFOUR V BALFOUR - an agreement between husband and wife made at an amicable time is a domestic agreement and not legally enforceable
        • DARKE V STROUT - the formality of a letter of agreement of child maintenance is enough to rebut the presumption between family members
      • COWARD V MOTOR INSURERS' BUREAU - Social and domestic agreements do not create legal relations. Widow therefore not entitled to compensation
    • Commercial agreements
      • EDWARDS V SKYWAYS - "Ex Gratia" legally binding when made in a contractual context
      • EDMONDS V LAWSON - payment not traditionally paid for pupillage therefore this rebuts the presumption of commercial agreements.
    • honourable pledge clauses
      • ROSE & FRANK CO V CROMPTON BROS. - if a party has gone to the trouble of writing down that they had no intention to create legal relations then they are not legally bound
      • KLEINWORTH BENSON V MALAYSIAN MINING - letters of comfort do not carry an intention to be legally bound.
      • ROBINSON BENSON V ,MALAYSIAN MINING - reasons of public policy can mean there is no legal intent


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